The Administrative Court of Berlin sought the opinion of the Constitutional Court on the issue of the compatibility between Par.7 Sec.3 of the Animal Protection Law and the provision for the freedom to perform scientific research found in Art.5 Sec.3 (1) of the Constitution. The Animal Protection Law only allows experiments upon animals for essential medical or basic biological research. Moreover, vertebrates may only be experimented upon when the pain, suffering, or injury of the subject animal can be ethically reconciled with the purpose of the experiment.
According to Par.8 Sec.3 Nr.1(a) of the Animal Protection Law the researcher's claims of compliance with these criteria must be scientifically grounded. This supporting authority must come from a source beyond the mere assurances of such would-be researcher. Before such a hearing of the evidence takes place, it is not possible for the Adm. Court to come to any decision as to whether the proposed experiment is ethical. Thus, the opinion of the Adm. court that the Animal Protection Law was too restrictive upon a higher situated constitutional right to perform scientific research, should never have been uttered in the first place.
(1. Chamber of the first Senat, June 20, 1994 - 1 BvL 12/94)